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(영문) 부산지방법원 2016.01.21 2015고단5411
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 5411"

1. On June 5, 2014, the defrauded (victim D) concluded a false statement to the effect that the Defendant would pay the amount to the victim D by the end of June 2014, where he/she supplied the safe test to the victim D, from the “FF in the operation of Defendant E located in Busan Dong-gu, Busan.”

However, at the time, the Defendant had a debt equivalent to KRW 100 million without any specific income or property. The Defendant was in a situation expected to be in default due to the failure to pay the settlement amount equivalent to KRW 36 million for the household check issued before, and the Defendant was unable to receive the delivery no longer due to the failure from the delivery company of the Ansan Tech, and the Defendant was commencing the transaction with the victim, and there was no intention or ability to pay the payment even if the Defendant received the delivery from the injured party.

Defendant deceptioned the victim as above and obtained the delivery of 44 points in an amount equivalent to the market price of 1050,000 won from the damaged person to the extent that he did not belong to this.

2. From November 29, 2004, the Defendant violated the Act on the Control of Illegal Number of Checks, concluded a family check contract with the U.S. branch of a national bank under the name of the Defendant and traded household check.

On November 20, 2014, the Defendant issued a check number G, face value KRW 3 million, and one copy of the bank’s household check in the name of the Defendant as of March 31, 2015, the date of issuance, and presented the check to the above bank on March 31, 2015, which was within the period for presentation of payment, but did not receive the payment as the suspension of transaction, from that time until June 29, 2015, the Defendant issued 130,000 won of the household check as shown in the attached list of crimes, and issued the check to the above bank within the period for presentation, but did not receive the suspension of transaction.

"2015 Highest 7599"

3. From November 29, 2004, the Defendant violated the Act on the Control of Illegal Trees, the point at which the National Bank was not south of the Republic of Korea under the name of the Defendant.

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